Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Department shall
specify in the NJPDES-DGW permit the hazardous constituents to which the ground
water protection standard of
7:14A-10.6 applies. Hazardous
constituents are constituents identified in 40 CFR Part 261 Appendix VIII that have
been detected in ground water in the uppermost aquifer under lying a hazardous waste
facility unit and that are reasonably expected to be in or derived from waste
contained in a hazardous waste facility unit, unless the Department has excluded
them under (b) below.
(b) The Department
shall exclude a 40 CFR Part 261 Appendix VIII constituent from the list of hazardous
constituents specified in the NJPDES-DGW permit if it finds that the constituent is
not capable of posing a substantial present or potential hazard to human health or
the environment based on the following:
1.
Potential adverse effects on ground water quality, considering:
i. The physical and chemical characteristics of
the waste in the hazardous waste facility unit, including its potential for
migration;
ii. The hydrogeological
characteristics of the facility and surrounding land;
iii. The quantity of ground water and the
direction of ground water flow:
iv. The
proximity and withdrawal rates of ground water users;
v. The current and future uses of ground water in
the area;
vi. The existing quality of
ground water, including other sources of contamination and their cumulative impact
on the ground water quality;
vii. The
potential for health risks caused by human exposure to waste constituents;
viii. The potential damage to wild life, crops,
vegetation, and physical structures caused by exposure to waste constituents;
and
ix. The persistence and permanence
of the potential adverse effects;
2. Potential adverse effects on hydraulically
connected surface water quality, considering:
i.
The volume and physical and chemical characteristics of the waste in the hazardous
waste facility unit;
ii. The
hydrogeological characteristics of the facility and surrounding land;
iii. The quantity and quality of ground water, and
the direction of ground water flow;
iv.
The patterns of rainfall in the region;
v. The proximity of the hazardous waste facility
unit to surface waters;
vi. The current
and future uses of surface waters in the area and any water quality standards
established for those surface waters;
vii. The existing quality of surface water,
including other sources of contamination and the cumulative impact on surface water
quality;
viii. The potential for health
risks caused by human exposure to waste constituents;
ix. The potential damage to wildlife, crops,
vegetation, and physical structures caused by exposure to waste constituents;
and
x. The persistence and permanence of
the potential adverse effects.
(c) In making any determination under (b) above,
the Department shall assess any identified underground sources of drinking
water.
